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Constitution of Carlton Football Club Ltd

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Constitution of Carlton Football Club Ltd Constitution Of Carlton Football Club Ltd Amended 22 December 2015 Constitution of Carlton Football Club Contents 1. Interpretation 2 2. Preliminary 4 3. Membership 5 4. Cessation of Membership 9 5. General Meetings 9 6. Proceedings at General Meetings 11 7. Voting at General Meetings 13 8. Proxies 14 9. The Board of Directors 16 10. Powers and Duties of the Board 23 11. Proceedings of the Board of Directors 24 12. Notice 28 13. Indemnity 28 i Constitution of Carlton Football Club Corporations Act 2001 Company Limited by Guarantee not having a share capital Constitution of Carlton Football Club Ltd 1. Interpretation 1.1 Definitions Act means the Corporations Act 2001 (Cth) as modified or amended from time to time. AFL means the Australian Football League. AFL football means the game of Australian Rules football. AFL Licence means the licence agreement entered into between the Club and the Victorian Football League on or about 15 November 1985 as amended from time to time and including any licences entered into between the Club and the AFL that are intended to replace the AFL Licence. Auditor means an auditor appointed in accordance with clause 11.18. Board or Board of Directors means the Directors of the Club. Club means the Carlton Football Club Limited. Club premises means any premises occupied by the Club and in respect of which the Club holds a liquor licence and/or a gaming licence. Constitution means this Constitution as altered or added to from time to time and any reference to a clause by number is a reference to the clause of that number in this Constitution. Director Eligibility Criteria has the meaning given to that term in clause 9.1A(d). Directors means and includes the Directors for the time being duly acting as such. Donor has the meaning given to that term in clause 3.6. Employee means, for the purposes of this Constitution, all persons subject to a contract of service to the Club. Gaming member means a person of not less than 18 years of age who wishes to enter Club premises for the purpose of operating gaming machines lawfully installed therein and who has been duly elected by the Board as a Gaming member. GST means goods and services tax under the GST Act. GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth), as in force from time to time. Independent Nominations Committee means the committee appointed by the Board in accordance with clause 11.11(c). 2 Constitution of Carlton Football Club Junior member has the meaning given to that term in clause 3.4. Life member means a member who has either been elected by the Board to life membership or has achieved life membership in accordance with clause 3.5(b). member means all classes of membership including Junior members and membership has a corresponding meaning. Office means the registered office for the time being of the Club. Officer has the same meaning ascribed to that term in the Act. Ordinary member means any member for the time being of the Club entitled to attend a minimum of all home games of the Club during the year of membership and is at least 18 years of age and includes any Life member, Player, Director, Donor, Officer and Employee and, except for the purposes of: (a) attending general meetings of the Club; (b) nominating any Ordinary member to serve as a Director in accordance with clause 9.3(a); (c) voting at any meeting or election of the Club; or (d) contributing to the assets of the Club in the event of it being wound up, includes any Gaming member; Ordinary Resolution means a resolution passed by a majority of those Ordinary members entitled to vote or Directors, as the case may be. Player means any person contracted by the Club from time to time to play AFL football for the Club. Player Life Membership Criteria means, in respect of a Player, the criteria set by the Board from time to time by Ordinary Resolution. Register means the Register of members prepared pursuant to clause 3.11. Returning Officer means the person appointed to that position in accordance with clause 9.4(b). Seal means the common seal of the Club. Secretary means any person appointed to perform the duties of the secretary of the Club. State means the State of Victoria. Term of office in respect of a Director means a term of 3 years subject to the operation of clause 9.2(a). Year means a calendar year ending on 31 December. 3 Constitution of Carlton Football Club Expressions referring to writing shall, unless the contrary intention appears, be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form; Words or expressions contained in this Constitution shall be interpreted in accordance with the provisions of the Act. Words importing the singular number only include plural and vice versa. Words importing the masculine gender include the female gender. The headings shall not affect the construction of this Constitution. 1.2 Application of relevant legislation Every member shall be bound to further, to his or her best ability, the objects, interests, influence and standing of the Club and shall observe this Constitution and the rules and regulations of the Club in force from time to time. Each of the provisions of the sections or sub-sections of the Act which would but for this clause 1.2 apply to the Club as a replaceable rule within the meaning of the Act are displaced and do not apply to the Club except insofar as they are repeated in this Constitution. 1.3 Exercise of Powers The Club may, in any manner permitted by the Act, exercise any power, take any action, or engage in any conduct or procedure which is authorised by this Constitution and which is permissible under the Act. 2. Preliminary Objects 2.1. The Club exists for the benefit of its supporters and the community. It seeks to serve this purpose by undertaking the following: (a) In playing the game of AFL football, to provide its supporters with enjoyment, engagement, fulfilment and hope of success; (b) By promoting the playing of AFL football in general; (c) Through promoting the playing of AFL football by maintaining, providing, supporting and controlling a team or teams of Players bearing the name of the Carlton Football Club, or affiliating with another entity for the purposes of playing AFL football in the Victorian Football League, in any competition with other clubs primarily within Australia, but if necessary or desirable in the opinion of the Board, in any other part of the world; (d) Through the playing and promotion of AFL football, to encourage participation by its supporters and the community generally in the sport of AFL football to improve health, fitness and well being; (e) To promote health and fitness generally in the community by: 4 Constitution of Carlton Football Club (i) being positive role models; (ii) ensuring Players attend clinics within schools and at community events; (iii) providing access to the Club’s facilities for organised community groups; (f) Making available the Club’s facilities to charitable, community, sporting, social and educational groups; (g) By being actively involved in multi-cultural programs and introducing community groups of diverse backgrounds to the sport of AFL football and the positive benefits that it brings; (h) To promote and actively support worthwhile causes including charitable organisations which can benefit from an association with, and assistance from, the Club; (i) To promote environmental sustainability awareness and education to school groups and interested parties; (j) Through striving for success on a sustainable basis including the pursuit of premierships; and (k) Any other activities that will provide benefit to the community to ensure that the Club can fulfil its purpose. Name and Motto 2.2. The name of the Club shall be "Carlton Football Club Limited" and the motto shall be "Mens Sana In Corpore Sano" the English translation of which is "Sound In Mind And Sound In Body". Uniform of the Club 2.3. The uniform of the Club shall be a navy blue jersey with a white Carlton Football Club monogram, navy blue socks and navy or white shorts as presently endorsed by the AFL or any other uniform that may be approved by Ordinary Resolution of the Board and approved by the AFL from time to time. 3. Membership Membership Unlimited 3.1 The number of members of the Club is unlimited. Classes of Membership 3.2 The Club will consist of the following classes of members: Ordinary members 3.3 Unless the Board determines otherwise or a person is otherwise deemed to be an Ordinary member by virtue of this Constitution, any person eighteen years or above, who has paid the appropriate annual subscription fee, is a Donor in accordance with clause 3.6, or has entered into an agreement to pay the appropriate annual subscription fee by instalments prior to 1 October each year entitling that person to: 5 Constitution of Carlton Football Club 1) attend a minimum of all home games of the Club or 2) be classified as a Country & Interstate member according to AFL guidelines during the year of membership, is eligible to be an Ordinary member of the Club for that year and becomes an Ordinary member once registration takes place in accordance with clause 3.11. Junior members 3.4 (a) Unless the Board determines otherwise, any person under the age of eighteen years, who has paid the appropriate annual subscription fee or whose legal guardian has entered into an agreement to pay the appropriate annual subscription fee by instalments prior to 1 October each year, is entitled to be a Junior member of the Club for that year; (b) A Junior member’s rights to use of and attendance on Club premises will be subject to the provisions of the Liquor Control Reform Act 1998 (Vic).
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